E.C. v. School District

91 F. Supp. 3d 598, 2015 U.S. Dist. LEXIS 26145, 2015 WL 921560
District Court, E.D. Pennsylvania·Decided March 4, 2015·No. Civil Action No. 13-6047·Published·Cited by 15 cases

Opinion

MEMORANDUM

TUCKER, Chief Judge.

Before the Court is Plaintiffs E.C. and C.O.’s Motion for Attorney’s Fees and Costs (Doc. 12), Defendant School District of Philadelphia’s Response in Opposition thereto (Doc. 14), and Plaintiffs’ Reply Brief in Further Support of Plaintiffs’ Motion for Attorney’s Fees and Costs (Doc. 15). For the reasons set forth herein, the Court will grant Plaintiffs’ Motion for Attorney’s Fees and Costs and award Plaintiffs $81,849.00 in attorney’s fees and $900.00 in costs.

I. Factual Background

Plaintiffs E.C. and C.O. (collectively, “Plaintiff Parents”) are the parents of C.C.O., a student in the School District of Philadelphia (“School District”). On or about March 14, 2013, Plaintiff Parents filed an administrative due process complaint, alleging violations of the Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400 et seq. (“IDEIA”),1 Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. (“Section 504”), and the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. (“ADA”). The complaint alleged that the School District violated the IDEIA by failing to provide an Individualized Education Program («IEp”) afforded C.C.O. a free appropriate public education (“FAPE”). Plaintiff Parents sought relief in the form of (a) compensatory education from September 21, 2012 through October 31, 2012 and (b) tuition reimbursement for private school tuition for the remainder of the 2012-2013 school year. Counsel for Plaintiff Parents throughout these administrative proceedings included Attorneys David J. Berney (“Attorney Berney”), Vanita Kalra (“Attorney Kalra”), and Jennifer Sang (“Attorney Sang”).

Following an administrative hearing, an opinion was issued that awarded Plaintiff Parents all of the relief sought. The hearing officer concluded that C.C.O. was denied a FAPE in the areas of Reading, Math, Writing, and Supplementary Aids and Services. However, the hearing officer also determined that C.C.O. was not denied a FAPE in the areas of Speech and Language and Postsecondary Transition.

On October 16, 2013, Plaintiff Parents instituted this action to recover attorney’s fees and costs under the IDEIA, Section 504, and the ADA. Defendant School District filed a Motion for a More Definite Statement, which this Court denied on January 13, 2014. Plaintiff Parents subsequently filed the instant Motion for Attorney’s Fees and Costs, requesting fees and costs totaling $85,973.88. The School District- filed a response in opposition to this motion, asserting that Plaintiff Parents are entitled to no more than $18,207.39 in fees and $400 in costs. Plaintiff Parents filed a [603] reply in further support of their original motion, seeking additional reimbursement for hours incurred since the filing date of the instant motion in the amount of $5,906.50.

II. Legal Standard

The IDEIA provides that “[i]n any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs ... to a prevailing party who is the parent of a child with a disability ....” 20 U.S.C. § 1415(i)(3)(B). “The party seeking attorney’s fees has the burden to prove that its request for attorney’s fees is reasonable.” Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir.1990). The fee petitioner must provide evidence “supporting the hours worked and rates claimed.” Id. Once the fee petitioner submits evidence supporting the hours worked and rates claimed, the party opposing the fee application has the burden of challenging the reasonableness of the requested fee. McKenna v. City of Philadelphia, 582 F.3d 447, 459 (3d Cir.2009) (citing Rode, 892 F.2d at 1183). A district court should not “decrease a fee award based on factors not raised at all by the adverse party.” McKenna, 582 F.3d at 459 (quoting Bell v. United Princeton Props., Inc., 884 F.2d 713, 720 (3d Cir.1989)).

The calculation of the appropriate amount of attorney’s fees begins with the lodestar, which is the product of “the appropriate billing rate for the party’s attorneys” multiplied by “the number of hours those attorneys reasonably expended on the action.” See Interfaith Cmty. Org. v. Honeywell Int’l, Inc., 426 F.3d 694, 703 n. 5 (3d Cir.2005). The reasonable hourly rate is calculated according to the prevailing market rates in the relevant community. See Interfaith Cmty. Org. v. Honeywell Int’l, Inc., 726 F.3d 403, 413 (3d Cir.2013). To determine the prevailing market rate, “a court must ‘assess the experience and skill of the prevailing party’s attorneys and compare their rates to the rates prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.’ ” Interfaith Cmty. Org., 426 F.3d at 708 (quoting Loughner v. Univ. of Pittsburgh, 260 F.3d 173, 180 (3d Cir.2001)).

“The best evidence of a prevailing market rate is counsel’s customary billing rate-” Mitchell v. City of Philadelphia, No. 99-6306, 2010 WL 1370863, at *14 (E.D.Pa. Apr. 5, 2010).

Where the fee movant has no customary rate and will not be charging the movant any fee, the prevailing market rate can be established from several sources, including: (1) affidavits of counsel with similar experience as to what they would charge for a similar case; (2) bar surveys of customary rates; (3) the amount charged by counsel for the opposition in the particular case or similar litigation; (4) the amounts awarded counsel with similar experience in similar litigation; and (5) the amounts awarded for the services of counsel in prior litigation.

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E.C. v. School District, 91 F. Supp. 3d 598, 2015 U.S. Dist. LEXIS 26145, 2015 WL 921560 (E.D. Pa. 2015).

91 F. Supp. 3d 598 (E.C. v. School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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